Bill Text: IL HB3390 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Toll Highway Act. Provides that the Illinois State Toll Highway Authority may make personally identifiable information of a person available to a law enforcement agency only pursuant to a search warrant. Provides that, absent a search warrant to the contrary, the Authority shall immediately, but in any event within no more than 5 days, notify the person that his or her records have been obtained and shall provide the person with a copy of the search warrant and the identity of the law enforcement agency or peace officer to whom the records were provided. Effective immediately.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB3390 Detail]

Download: Illinois-2021-HB3390-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3390 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
605 ILCS 10/19.1
Amends the Toll Highway Act. Provides that the Illinois State Toll Highway Authority may make personally identifiable information of a person available to a law enforcement agency only pursuant to a search warrant. Provides that, absent a search warrant to the contrary, the Authority shall immediately, but in any event within no more than 5 days, notify the person that his or her records have been obtained and shall provide the person with a copy of the search warrant and the identity of the law enforcement agency or peace officer to whom the records were provided. Effective immediately.
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A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Toll Highway Act is amended by changing
Section 19.1 as follows:
(605 ILCS 10/19.1)
Sec. 19.1. Confidentiality of personally identifiable
information obtained through electronic toll collection
system.
(a) For purposes of this Section:
"Electronic toll collection system" is a system where a
transponder, camera-based vehicle identification system, or
other electronic medium is used to deduct payment of a toll
from a subscriber's account or to establish an obligation to
pay a toll.
"Electronic toll collection system user" means any natural
person who subscribes to an electronic toll collection system
or any natural person who uses a tolled transportation
facility that employs the Authority's electronic toll
collection system.
"Personally identifiable information" means any
information that identifies or describes an electronic toll
collection system user, including but not limited to travel

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pattern data, address, telephone number, e-mail address,
license plate number, photograph, bank account information, or
credit card number.
(b) Except as otherwise provided in this Section, the
Authority may not sell or otherwise provide to any person or
entity personally identifiable information of any electronic
toll collection system user that the Authority obtains through
the operation of its electronic toll collection system.
(c) The Authority may, within practical business and cost
constraints, store personally identifiable information of an
electronic toll collection system user only if the information
is required to perform account functions such as billing,
account settlement, or toll violation enforcement activities.
(d) By no later than December 31, 2011, the Authority
shall establish a privacy policy regarding the collection and
use of personally identifiable information. Upon its adoption,
the policy shall be posted on the Authority's website and a
copy shall be included with each transponder transmitted to a
user. The policy shall include but need not be limited to the
following:
(1) A description of the types of personally
identifiable information collected by the Authority.
(2) The categories of third-party persons or entities
with whom the Authority may share personally identifiable
information and for what purposes that information is
shared.

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(3) The process by which the Authority notifies
electronic toll collection system users of material
changes to its privacy policy.
(4) The process by which an electronic toll collection
system user may review and request changes to any of his or
her personally identifiable information.
(5) The effective date of the privacy policy.
(e) This Section does not prohibit the Authority from:
(1) providing aggregated traveler information derived
from collective data relating to a group or category of
electronic toll collection system users from which
personally identifiable information has been removed;
(2) sharing data with another transportation agency or
third-party vendor to comply with interoperability
specifications and standards regarding electronic toll
collection devices and technologies, provided that the
other transportation agency or third-party vendor may not
use personally identifiable information obtained under
this Section for a purpose other than described in this
Section;
(3) performing financial, legal and accounting
functions such as billing, account settlement, toll
violation enforcement, or other activities required to
operate and manage its toll collection system;
(4) communicating about products and services offered
by itself, a business partner, or another public agency;

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(5) using personally identifiable information in
research projects, provided that appropriate
confidentiality restrictions are employed to protect
against the unauthorized release of such information;
(6) (blank); releasing personally identifiable
information in response to a warrant, subpoena or lawful
order from a court of competent jurisdiction;
(7) releasing personally identifiable information to
law enforcement agencies in the case of an emergency when
obtaining a warrant or subpoena would be impractical; and
(8) releasing personally identifiable information to
the Authority's Inspector General or, at the Inspector
General's direction, to law enforcement agencies under
paragraphs (5) and (6) of subsection (f) of Section 8.5 of
this Act.
(f) In any agreement allowing another public entity to use
the Authority's toll collection system in a transportation
facility, the Authority shall require the other public entity
to comply with the requirements of this Section.
(g) Personally identifiable information generated through
the Authority's toll collection process that reveals the date,
time, location or direction of travel by an electronic toll
collection system user shall be exempt from release under the
Illinois Freedom of Information Act. The exemption in this
subsection shall not apply to information that concerns (i)
the public duties of public employees and officials; (ii)

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whether an electronic toll collection system user has paid
tolls; (iii) whether the Authority is enforcing toll violation
penalties against electronic toll collection users who do not
pay tolls; (iv) accidents or other incidents that occur on
highways under the jurisdiction of the Authority; or (v) the
obligation, receipt, and use of the funds of the Authority.
The exemption in this subsection (g) shall not be a limitation
or restriction on other Freedom of Information Act exemptions
applicable to personally identifiable information or private
information.
(h) The Authority may make personally identifiable
information of a person available to a law enforcement agency
only pursuant to a search warrant. Absent a search warrant to
the contrary, the Authority shall immediately, but in any
event within no more than 5 days, notify the person that his or
her records have been obtained and shall provide the person
with a copy of the search warrant and the identity of the law
enforcement agency or peace officer to whom the records were
provided.
(Source: P.A. 97-342, eff. 8-12-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.